*HB1108.1*
January 18, 2024
HOUSE BILL No. 1108
_____
DIGEST OF HB 1108 (Updated January 17, 2024 12:25 pm - DI 148)
Citations Affected: IC 36-7.
Synopsis: Development restrictions on slopes. Prohibits a unit from
preventing development exclusively on the basis of slope, if the
predevelopment slope of the site is less than 25%, unless the site is
within a watershed area of a reservoir that is a source of a
municipality's drinking water.
Effective: July 1, 2024.
Hall, May, Heaton, Lindauer
January 8, 2024, read first time and referred to Committee on Natural Resources.
January 18, 2024, amended, reported — Do Pass.
HB 1108—LS 6367/DI 87 January 18, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1108
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-7-2-14 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 14. (a) This section does not apply to development on
4 a site that is located within an area that:
5 (1) the department of natural resources has determined to be
6 the watershed area of a reservoir; and
7 (2) is a source of drinking water for a municipality.
8 (b) As used in this section, "development" means an
9 improvement of any kind on land, including:
10 (1) residential dwellings;
11 (2) commercial buildings;
12 (3) accessory structures;
13 (4) driveways; and
14 (5) utilities.
15 (c) A unit may not adopt or enforce an ordinance or resolution
16 that prohibits or has the effect of prohibiting development
17 exclusively on the basis of slope, if the predevelopment slope of the
HB 1108—LS 6367/DI 87 2
1 site is less than twenty-five percent (25%).
2 SECTION 2. IC 36-7-4-201.4 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 201.4. (a) This section does not
5 apply to development on a site that is located within an area that:
6 (1) the department of natural resources has determined to be
7 the watershed area of a reservoir; and
8 (2) is a source of drinking water for a municipality.
9 (b) As used in this section, "development" means an
10 improvement of any kind on land, including:
11 (1) residential dwellings;
12 (2) commercial buildings;
13 (3) accessory structures;
14 (4) driveways; and
15 (5) utilities.
16 (c) A unit may not adopt or enforce an ordinance or resolution
17 that prohibits or has the effect of prohibiting development
18 exclusively on the basis of slope, if the predevelopment slope of the
19 site is less than twenty-five percent (25%).
HB 1108—LS 6367/DI 87 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Natural Resources, to which was
referred House Bill 1108, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 15 through 17, begin a new paragraph and
insert:
"(c) A unit may not adopt or enforce an ordinance or resolution
that prohibits or has the effect of prohibiting development
exclusively on the basis of slope, if the predevelopment slope of the
site is less than twenty-five percent (25%).".
Page 2, delete lines 15 through 17, begin a new paragraph and
insert:
"(c) A unit may not adopt or enforce an ordinance or resolution
that prohibits or has the effect of prohibiting development
exclusively on the basis of slope, if the predevelopment slope of the
site is less than twenty-five percent (25%).".
and when so amended that said bill do pass.
(Reference is to HB 1108 as introduced.)
LINDAUER
Committee Vote: yeas 7, nays 2.
HB 1108—LS 6367/DI 87